Tong v. U.S. Trustee Office of the U.S. Trustee / SF et al

Filing 19

ORDER by Judge Haywood S. Gilliam, Jr. Granting 18 Stipulation For Delay of Issuance of Any, Ruling, Opinion, or Order, Pending Approval of Settlement Motion and Order Thereon. (ndrS, COURT STAFF) (Filed on 10/4/2017)

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Christopher Jagard, Chief Counsel, CSB#191147
Christopher Frick, Assistant Chief Counsel, CSB#83432
State of California
Department of Industrial Relations
1515 Clay Street, Suite 701
Oakland, CA 94612
Telephone No. [phone]
Fax No. [phone]
Attorneys for California Department of Industrial Relations,
Edward Kunnes and Evan Adams

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IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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MILLARD W. TONG

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CASE NO. 4:17-cv-01201-HSG

Appellant,

Appeal from Bankruptcy Case No. 15-30275

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v.

CHAPTER 11

THE CALIFORNIA DEPARTMENT OF
INDUSTRIAL RELATIONS,

Judge Hon. Haywood S. Gilliam, Jr.

Appellee.

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STIPULATION FOR DELAY OF ISSUANCE OF ANY RULING, OPINION OR ORDER

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PENDING APPROVAL OF SETTLEMENT MOTION AND ORDER THEREON

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This Stipulation (or "Agreement") is made between and among Millard W. Tong,
individually and as Debtor-in-Possession, herein "Debtor," and California Department of Industrial

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Relations, Edward Kunnes and Evan Adams, herein "DIR," being the parties to the above referenced
appeal arising from a motion for contempt in the bankruptcy court proceedings.
As the results of a judicially supervised settlement conference, the Debtor and DIR have

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entered into agreements memorialized in stipulation entitled "Stipulation for Issuance of Order for

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Distribution of Proceeds from the Sale of 1620 Mason Street, San Francisco, CA (After BDRP

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DEPARTMENT OF
INDUSTRIAL RELATIONS
OFFICE OF THE DIRECTOR –
LEGAL UNIT

Mediation)" that, among other matters, settled the issues pending before this Court. However, the
settlement of these issues remain subject to the bankruptcy court authorizing Debtor and DIR's
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agreements reached at the mediation. Debtor and DIR anticipate that the bankruptcy court will hear

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the request for approval of the settlement on October 27, 2017. Accordingly, Debtor and DIR

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stipulate as follows:
Debtor and DIR jointly request that the United States District Court, sitting as the court of
appeal, regarding Debtor's motion for contempt, delay the issuance of any ruling, opinion or order
until the parties, hereto, are able to obtain from the bankruptcy court an order regarding their request

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for authorization of the settlement described in the Stipulation for Issuance of Order for Distribution

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of Proceeds from the Sale of 1620 Mason Street, San Francisco, CA (After BDRP Mediation).

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Dated: October 3, 2017

/s/ Christopher W. Frick
Christopher W. Frick
Counsel for Appellees,
CA Dept. of Industrial Relations, Edward Kunnes
and Evan Adams

Dated: October 3, 2017

/s/ Lawrence A. Jacobson
Lawrence A. Jacobson
Counsel for Appellant Millard Tong

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: _______________
10/4/2017

____________________________
Hon. Haywood S. Gilliam, Jr.

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DEPARTMENT OF
INDUSTRIAL RELATIONS
OFFICE OF THE DIRECTOR –
LEGAL UNIT

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